Policy And Resources Committee - 16/01/2006

At a MEETING of the POLICY AND RESOURCES COMMITTEE held at Dundee on 16th January, 2006.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

C D P FARQUHAR

John CORRIGAN

Bruce D MACKIE

Helen WRIGHT

Neil I C POWRIE

Ian BORTHWICK

 

COUNCILLORS

 

Jill SHIMI

Fraser MACPHERSON

Christina ROBERTS

Kevin KEENAN

Helen DICK

Jim BARRIE

George REGAN

Nigel DON

Will DAWSON

Julia M STURROCK

Bob DUNCAN

Elizabeth F FORDYCE

Fiona M GRANT

Richard BEATTIE

Roderick A J WALLACE

Christopher HIND

Andrew DAWSON

Charles A WEBSTER

Joe MORROW

Willie W SAWERS

Derek J SCOTT

 

Joe FITZPATRICK

 

 

 

Councillor Jill SHIMI, Convener, in the Chair.

 

The minute of meeting of this Committee of 9th January, 2006 was held as read.

 

Unless marked thus * all items stand delegated.

 

I LOCAL GOVERNMENT FINANCE SETTLEMENT 2006/07 TO 2007/08 AND REVENUE BUDGET/COUNCIL TAX SETTING PROCEDURE

 

There was submitted Report No 48-2006 by the Depute Chief Executive (Finance) advising members of the recent announcements made by the Minister for Finance and Public Service Reform in respect of the revised Local Government Finance Settlement for 2006/07 and 2007/08.

 

The Committee:-

 

(i) noted the Council's revised Aggregate External Finance settlement for 2006/07 and 2007/08 recently announced by the Minister for Finance and Public Service Reform;

 

(ii) noted the current position on the Revenue Budget for the three year period 2006/2009; and

 

(iii) approved the procedures to be followed for setting the 2006/07 Revenue Budget and Council Tax level, as set out in Section 12 and Appendix A of the report.

 

II REVENUE BUDGET 2006/07 - HOUSING REVENUE ACCOUNT

 

There was submitted Report No 4-2006 by the Depute Chief Executive (Finance) relative to the above.

 

The Committee:-

 

(i) approved the 2006/07 Revenue Budget for the Housing Revenue Account; and

 

(ii) remitted further consideration of this matter to the Housing Committee in order that it may set the 2006/07 rent levels.

III SWIMMING AND LEISURE FACILITIES - ESTABLISHMENT OF LEISURE COMPANY WITH CHARITABLE STATUS

 

It was reported that a request had been received from the GMB for a deputation to be heard against the establishment of a leisure company with charitable status.

 

The Committee agreed to exceed to the request and after they had stated their case and answered questions from the Committee they were thanked for their attendance and withdrew.

 

Thereafter, the Committee gave consideration to Report No 72-2006 by the Director of Leisure and Communities, Assistant Chief Executive (Management) and the Depute Chief Executive (Finance) outlining proposals to investigate the feasibility of establishing a leisure company to operate swimming and leisure facilities currently operated by the City Council and the implications of the proposed arrangements for the Council.

 

Councillor Shimi seconded by Bailie Farquhar moved approval of the undernoted proposals:-

 

(i) Instruct officers to investigate the feasibility of forming a Leisure Company with charitable status, if possible, to be known as Dundee Leisure Limited or similar and once established, subject to committee approval the management and operation of Olympia Leisure Centre, Lochee Swimming and Leisure Centre, Dundee International Sports Centre, Lynch Sports Centre and Douglas Sports Centre to be transferred to Dundee Leisure Limited.

 

(ii) Agree to the nomination of six Directors from Dundee City Council to the Board of Directors of Dundee Leisure Limited being two members from the Administration and two members from the opposition parties plus two officers from the Leisure and Communities and Finance Departments.

 

In addition to the Council Directors to agree two Directors from the Local Sports Council, two Directors from Dundee City Disability Sport, two Directors from user groups (one each representing wet sports/dry sports) to be appointed annually at a general meeting, and one Director from the Chamber of Commerce be invited to go on to the Board of the Company. Total number of Board members to be 13.

 

(iii) Agree to nominate the Convener of Leisure and Arts as a Board Member and as Chair of the Company as part of the representation from Dundee City Council.

 

(iv) Agree to the City Council nominating the Leisure and Communities Department's Head of Parks, Sports and Leisure as Managing Director and the Depute Chief Executive (Finance) as Finance Director of the new Leisure Company to assist in the good management of the company for the benefit of the public.

 

(v) Authorise the Depute Chief Executive (Finance) and Depute Chief Executive (Support Services) to appoint financial and legal advisors to take forward the proposals and to draw up Articles and Memorandum for the new Leisure Company as soon as possible and gain charitable status from the Inland Revenue.

 

(vi) Remit the Chief Executive to finalise a lease and management agreement and to negotiate their agreement with Dundee Leisure Limited on the basis of the terms outlined in this report and other such terms as are necessary to protect the interests of the Council and report back to Committee with the details of the benefits to the Council. This to include approval of the lease by the Scottish Ministers and approval from sport scotland in respect of the transfer of Dundee International Sports Centre in view of previous sports lottery funds awarded.

 

(vii) Agree that relevant Department's of the City Council enter into Service Level Agreements to facilitate the transfer of the Leisure Centres Section of the Leisure & Communities Department to Dundee Leisure Limited. The Service Level Agreement to include provision for consultation and agreement on budgets and charging policy.

(viii) Agree that Dundee Leisure Limited should take earliest operational and management responsibility for the facilities following completion of all legal formalities to conclude the transfer.

 

(ix) Agree to transfer, on their existing terms and conditions of employment, the staff presently providing the Leisure Centres Service all under TUPE conditions including job evaluation under single status. As the lease may only run for 5 years it is intended that all permanent employees transferred will be able to return to the Council's employment at the end of 5 years if the lease is not renewed.

 

(x) Agree that Dundee Leisure Limited be given full support to achieve admission to the Tayside Pension Fund as an admitted body.

 

(xi) Authorise a payment of a management fee in 2006/07 equivalent to the approved Revenue Budget deficits for these facilities adjusted for the savings calculated in Appendix A and agree, in principle, that the said management fee be adjusted in line with increases in the Leisure and Communities budget in future years.

 

(xii) Note that 100% Non Domestic Rates relief to Dundee Leisure Limited is expected to be granted".

 

As an amendment Bailie Borthwick seconded by Councillor Sawers moved that consideration of this matter be continued and that a Working Group be established comprising elected members, officers and trade union representatives to consider in depth the proposals contained in Report No 72-2006 and to report back to Committee.

 

On a division, there voted for the motion - Lord Provost Letford, Bailies Farquhar, Wright, Powrie and Mackie, Councillors Shimi, Keenan, Regan, Sturrock, Grant, Hind, Morrow, MacPherson, Dick, Wallace, Webster and Scott (17); and for the amendment - Bailies Corrigan and Borthwick, Councillors Don, Duncan, Beattie, Andrew Dawson, Sawers, FitzPatrick, Roberts, Barrie, Will Dawson and Fordyce (12) - whereupon the motion was declared carried.

 

IV CAPITAL PLAN 2006-2009 - GENERAL SERVICES

 

There was submitted Report No 5-2006 by the Depute Chief Executive (Finance) providing elected members with background information and details of the Council's General Services Capital Plan for 2006-2009.

 

Councillor Shimi seconded by Bailie Farquhar moved that this Committee:-

 

(i) approves the Council's General Services Capital Plan for 2006/09 subject to the undernoted adjustment to the Planning and Transportation Programme.

 

City Gateway/Ambassador Routes Project (net 30,000 in 2006/2007) be deleted and the provision for Road Reconstruction/Recycling in 2006/2007 be increased by 30,000 from 310,000 to 340,000.

 

(ii) notes the position for the 2005/2006 Projected Capital Expenditure Programme as at 31st March, 2005; and

 

(iii) approves the prudential indicators for the Capital Plan 2006-2009 as shown in Appendix 1 of the report.

 

As an amendment, Councillors FitzPatrick seconded by Councillor Sawers moved that this Committee approves the Council's General Services Capital Plan for 2006-2009 subject to the undernoted adjustments to the Leisure and Communities and Planning and Transportation Programmes.

(i) delete Camperdown Playbarn - 1,100,000 and increase road safety measures by 100,000 to 190,000;

 

(ii) notes the position for the 2005/2006 Projected Capital Expenditure Programme as 31st March 2006; and

 

(iii) approve the prudential indicators for the Capital Plan 2006/2009 as shown in Appendix 1 to the report.

 

On a division, there voted for the motion - (17); and for the amendment (12) - as in the division recorded immediately above - whereupon the motion was declared carried.

 

V PROHIBITION OF SMOKING IN CERTAIN PLACES (SCOTLAND) REGULATIONS 2006

 

There was submitted Report No 17-2006 by the Depute Chief Executive (Support Services) advising members of the Committee of the effect of the above regulations.

 

The Committee:-

 

(i) agreed to use the style of signs supplied by the Scottish Executive, both for premises and vehicles;

 

(ii) remitted to the Depute Chief Executive (Support Services) to approach bus companies, Health Board and other major employers to encourage the use of the same style of signs;

 

(iii) remitted to the Assistant Chief Executive (Management) to prepare a report on the policy statement for submission to the Personnel Committee; and

 

(iv) remitted to the Depute Chief Executive (Support Services) to amend the Scheme of Delegation to Officers to include in the schedule of legislation enforced by Environmental Health Officers the Smoking Health and Social Care (Scotland) Act 2005.

 

 

 

JILL SHIMI, Convener.